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New Jersey Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights and Education Law for New Jersey on
Q: My friends daughter is being bullied at Memorial Middle School by 5 student's.

Threatened to hurt her if she speaks up. Principal is aware of situation but stated, "things happen". If something occurred to this girl for negligence of school to take action can a lawsuit be filed?

James L. Arrasmith
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answered on Mar 23, 2024

If a student is being bullied and the school is aware but fails to take adequate action, there may be grounds for legal action. This is especially true if the negligence results in harm to the student. Schools have a responsibility to provide a safe environment for all students, and failure to... View More

2 Answers | Asked in Family Law, Cannabis & Marijuana Law, Child Custody and Civil Litigation for New Jersey on
Q: Do I have to cooperate with CPS when they are investigating me based off of an allegation from school?

The case worker interviewed my children at school. Didn't contact or attempt to show up to my home for 6 days, she stated it w because she was not concerned, after speaking with children and did not see any need for emergency steps. said it's open and shut, she had no concerns The CPS... View More

James L. Arrasmith
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answered on Mar 26, 2024

When dealing with Child Protective Services (CPS), it's essential to understand your rights and the potential consequences of your actions. Cooperation with CPS can be critical, as they have the authority to investigate allegations of child neglect or abuse. However, you are also entitled to... View More

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2 Answers | Asked in Family Law, Cannabis & Marijuana Law, Child Custody and Civil Litigation for New Jersey on
Q: Do I have to cooperate with CPS when they are investigating me based off of an allegation from school?

The case worker interviewed my children at school. Didn't contact or attempt to show up to my home for 6 days, she stated it w because she was not concerned, after speaking with children and did not see any need for emergency steps. said it's open and shut, she had no concerns The CPS... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Mar 19, 2024

From your description, it sounds like DCPP (the Department of Child Protection and Permanency, New Jersey's child protective services branch) is conducting an initial investigation into allegations of possible abuse or neglect. If this is an initial investigation, you are not necessarily... View More

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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for New Jersey on
Q: I'm in NJ and am main buyer on a vehicle contract with an ex. I sued him in special civil court and won. However

Im trying to get off the loan entirely or gain possession of the car. The lender did an extension agreement with the cosigner without my knowledge or signature electronically. Is this legal in NJ? Co-signer's name is on the title however I can add mine on to it at any time. What is the best... View More

Leonard R. Boyer
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answered on Feb 26, 2024

You need to retain an experienced civil litigation attorney to represent your interests in this matter. You should expect to pay for a 1/2 hour of attorney time to have your best course of action determined. Pick the best attorney you can find and remember one rule: a good attorney is generally... View More

1 Answer | Asked in Civil Litigation for New Jersey on
Q: I have a civil claim and the defendant countered. Now I need to adjust my reimbursement request. How do I do that

I live in NJ but the case is being heard over Zoom court in Kent County, DE

James L. Arrasmith
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answered on Feb 24, 2024

To adjust your reimbursement request in response to the defendant's counterclaim, you will need to file an amended complaint. In your amended complaint, you can revise the amount you are seeking for reimbursement or make any other necessary changes to your claim. Ensure that you clearly... View More

1 Answer | Asked in Civil Litigation, Communications Law and Constitutional Law for New Jersey on
Q: i have a private investigator who is trying to serve a civil court subpoena.

i have a private investigator who is trying to serve a civil court subpoena. i live in a private community and they keep showing up at my home 1st what can i do to stop or minimize this 2nd can PI look through my home windows and walk around my property, is there a limitation before it can be... View More

James L. Arrasmith
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answered on Feb 22, 2024

Here are a few key things to know in this situation under New Jersey law:

1. You can inform the private investigator and request they stop coming to your private residential community and home to serve the subpoena. However, legally they are allowed to attempt service at a person's...
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1 Answer | Asked in Civil Litigation for New Jersey on
Q: What is the rule regarding admissability of testing outside the presence of opposing counsel?
Tim Akpinar
Tim Akpinar
answered on Jan 29, 2024

If you're talking about testing for damages in a claim, many forms of testing (material science, metallurgical, engineering, biological, etc.) are conducted in labs or in the field. As long as the persons performing the testing are qualified and the lab is legitimate, most of it is done... View More

1 Answer | Asked in Civil Litigation and Immigration Law for New Jersey on
Q: How do I stop a former step father who is an illegal from harassing me for money?

My mother passed away almost 2 years ago and her freeloading illegal husband had no place to go after she died. He broke into the garage of their prior rental for a while and stayed there and finally found some unsuspecting woman to take pity on him and found him a room in a house with other... View More

James L. Arrasmith
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answered on Jan 10, 2024

I understand your concerns about your former stepfather's harassment for money. To address this situation legally, you may consider taking the following steps:

Cease All Financial Support: Stop sending him groceries or any financial assistance immediately. Continuing to provide support...
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1 Answer | Asked in Civil Litigation, Constitutional Law and Legal Malpractice for New Jersey on
Q: Who in law of nj civil may I write tof lawyers hiding legal certified mail ,perjury ,preparing false court adjournment

Preparing false new trial motion dismiss. And preparing false decisions on new trial motions and designed by judges secretary to mislead plaintiff and getting the civil case dismissed.

James L. Arrasmith
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answered on Dec 30, 2023

In New Jersey, if you're facing issues of legal misconduct such as hiding legal mail, perjury, and the falsification of court documents, there are specific steps you can take.

Firstly, if these actions are affecting an ongoing civil case, it's important to bring these concerns...
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1 Answer | Asked in Personal Injury, Civil Litigation and Constitutional Law for New Jersey on
Q: Where may I send my brief of healthcare negligence and lawyers filling false documents to mislead the plaintiff in nj.

Hiding legal certified mail ,false testimony ,preparing false court orders lie about hearing adjournment preparing false motion decisions and getting it designed by court staff

James L. Arrasmith
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answered on Dec 30, 2023

For matters involving healthcare negligence and legal misconduct in New Jersey, you have several avenues for submitting your brief and raising these concerns.

Firstly, if your case is already within the legal system, you should file any relevant documents with the court handling your case....
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1 Answer | Asked in Family Law, Personal Injury and Civil Litigation for New Jersey on
Q: i filed a motion to strike the pleadings of defendat for failure to make discovery

I have a lawsuit against family members where I am nearing the end of discovery. the defendants have not conducted any discovery which led to their pleadings being struck without prejudice. I filed a second motion to strike with prejudice and the courts filed an order stating the court will dismiss... View More

Richard Diamond
Richard Diamond
answered on Dec 11, 2023

My suggestion is that you meet with / retain a lawyer to take over the handling of your matter since I am not sure that you understand the legal significance of your actions or the court's response to it. You served discovery requests on the other side and presumably, they answered your... View More

2 Answers | Asked in Civil Litigation and Criminal Law for New Jersey on
Q: i need to know about temporary restraining orders in new jersery

my tools were stolen by a former customers and because ive been asking for them back through text they have filed a restraining order. the best part is everything in the police report is ficticious and i can prove it. the bottom line is i want my tools back

Richard Diamond
Richard Diamond
answered on Dec 6, 2023

This does not sound like a domestic violence type matter (unless you were involved with this person in a dating relationship or lived together) - so not sure what type of temp restraining order was obtained against you but if this person took your tools, I would speak with the police about filing a... View More

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2 Answers | Asked in Civil Litigation and Libel & Slander for New Jersey on
Q: My therapist and I were discussing my ex and he said that it's possible she had a personality disorder and I posted it

I posted what my therapist said about my ex. I didn't mention her name. Can I get sued?

James L. Arrasmith
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answered on Dec 5, 2023

Under New Jersey law, defamation suits typically involve making a false statement about someone that harms their reputation. However, in your case, since you didn't mention your ex's name, it significantly reduces the risk of a defamation claim. Anonymity in your post makes it difficult... View More

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1 Answer | Asked in Civil Litigation, Consumer Law, Real Estate Law and Civil Rights for New Jersey on
Q: What is PR law regarding disbursements of property as the heir of my mom who passed away(1989) before her mom(2003)?

My grandmother's property who passed away is being disbursed, and is the wish of my mom's sister to keep it; my mom's siblings have set a price for the house which is nowhere near the appraised valued. They claim that the decision was made amongst them (the living children)... View More

James L. Arrasmith
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answered on Nov 16, 2023

In Puerto Rico, the rights of heirs in property disbursement are governed by the local inheritance laws. If your mother passed away before her mother (your grandmother), generally, you and your siblings, as her direct descendants, would inherit your mother's share of your grandmother's... View More

2 Answers | Asked in Family Law, Child Custody and Civil Litigation for New Jersey on
Q: My son won't let me see my grandson? I'm live in NJ, do I have a right to see him??

My son isn't married but lives with the mother of his son and she doesn't like me..she has my son convinced I'm teaching my grandson curse words (he is 3 and repeats everything) and I've told my son I never curse in front of him and instead I'm always correcting my son and... View More

Richard Diamond
Richard Diamond
answered on Nov 15, 2023

Under N.J.S.A. 9:2-7.1(b), the following factors must be considered by the court in a grandparent visitation matter:

(1) The relationship between the child and the applicant;

(2) The relationship between each of the child's parents or the person with whom the child is residing...
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1 Answer | Asked in Bankruptcy, Securities Law and Civil Litigation for New Jersey on
Q: Can I sue Spirit Airlines' new owners for stock losses after bankruptcy?

I held Spirit Airlines stock, confirmed in my Schwab account. After learning about their bankruptcy online, I assumed new stock would be issued when they announced delisting. It appears I've lost about $165,000, and my son lost a similar amount. I contacted Spirit Airlines to explain the... View More

James L. Arrasmith
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answered on Apr 24, 2025

Unfortunately, your prospects for successfully suing Spirit Airlines' new owners for stock losses are extremely limited. When companies file for Chapter 11 bankruptcy, common stockholders are last in line to recover their investments, behind bondholders and preferred shareholders. As a result,... View More

3 Answers | Asked in Domestic Violence and Civil Litigation for New Jersey on
Q: Is filming me a violation of the restraining order?

I'm concerned that the father of my son, against whom I have a final restraining order, violated it by filming me during a visitation conflict. The visitation supervisor, my son's grandmother, tried to take my 6-year-old son, who has Down syndrome and severe autism, without a car seat.... View More

James A. Abate
James A. Abate
answered on Apr 16, 2025

This is an extremely fact sensitive situation and depends on the exact wording of the FRO. It sounds like the police concluded there was no violation.

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1 Answer | Asked in Gov & Administrative Law, Small Claims and Civil Litigation for New Jersey on
Q: Can I file remotely in NJ small claims for wrongful impound?

I had a commercial unit impounded by a police department in a township in Essex County, NJ, on January 4, 2025, due to a mistake where they ran the wrong plate but issued violations with the correct plate. The violations were dropped in court. Despite this, the tow yard charged nearly $2000 to... View More

James L. Arrasmith
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answered on Apr 13, 2025

You have the option to file a claim in New Jersey's small claims court for the wrongful impound of your commercial unit and the related charges. Small claims court is designed to allow individuals to resolve disputes involving smaller amounts of money, typically up to $5,000 in New Jersey, but... View More

1 Answer | Asked in Personal Injury, Environmental and Civil Litigation for New Jersey on
Q: Severe reaction to tap water due to high chlorine levels, seeking legal remedy.

I have been experiencing severe reactions to the tap water in my house in Blackwood, NJ, since 2023. The water burns my skin, causes bleeding, swelling, and severe pain in my hands, forcing me to use only spring water. The water company has visited four times and informed me that the high chlorine... View More

James L. Arrasmith
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answered on Apr 13, 2025

Given that the water company has acknowledged the high chlorine levels and their impact on your health, you may have a potential claim for compensation or a legal remedy. Start by documenting all communications with the water company, including the visits, their statements about the chlorine... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for New Jersey on
Q: Tenant facing mold issues, withholding rent per NJ law; landlord demands repayment. Lease rider sets trial in NY, tenant seeks legal advice.

I entered into a lease as a tenant in September 2024. Shortly after, I discovered major issues such as mold and water damage from the ceiling, which I reported multiple times starting on September 10, and again on January 4, 2025, when another room started leaking. These issues have not been... View More

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answered on Apr 12, 2025

It’s important to carefully review your rights under New Jersey law, as tenants are allowed to withhold rent when there are significant habitability issues, like mold and water damage. Based on the documentation you have—photos, videos, and records of communication—you likely have a valid... View More

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